dismissed EB-1A Case: Unknown

." .. 
:. I 
PUBLIC COpy 
DATE: Office: NEBRASKA SERVICE CENTER 
DEC 1 3 Z[)n 
IN RE: Petitioner: 
Beneficiary: 
U.S. Departmcnt of Homcland Securil) 
lJ.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave .. N.\V .. MS 2090 
Washington. DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 
203(b)( I )(A) of the Immigration and Nationality Act. 8 U .s.C. § 1153(b)( I )(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the office that originally decided your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision. or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The 
specific requirements for tiling such a request can be found at 8 C.F.R. § 103.5. All motions must be 
submitted to the office that originally decided your case by filing a Form 1-290B, Notice of Appeal or Motion, 
with a fee of $630. Please be aware that 8 C.F.R. § 103.5(a)(I)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you. 
)),Ofgf/ndu 
f 
Perry Rhew 
Chiet~ Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition. The 
Administrative Appeals Office (AAO) dismissed a subsequent appeal. The petitioner then filed a 
motion on the AAO's decision, which the AAO also dismissed. The matter is now before the AAO 
on a second appeal. The appeal will be rejected. 
The record indicates that the AAO issued the decision on the first appeal on October 19, 2009. The 
petitioner subsequently filed a motion to reopen the AAO's decision on November 18, 2009. The 
AAO dismissed this motion on May 21,2010. The petitioner then filed the present appeal on July 6, 
2010. 
The petitioner's appeal must be rejected. The AAO does not exercise appellate jurisdiction over its 
own decisions. The AAO exercises appellate jurisdiction over only the matters described at 8 C.F.R. 
§ 103.1(f)(3)(iii) (as in effect on February 28, 2003). See DHS Delegation Number 01 50.1 (effective 
March 1,2003). Accordingly, the appeal is not properly within the AAO'sjurisdiction. 
As noted in the AAO's cover letter, the petitioner had the option of filing a motion to reopen or a 
motion to reconsider the AAO's most recent decision within 33 days of service pursuant to 8 C.F.R. 
§ 103.5 but neither the Form 1-290B itself nor the petitioner's brief indicated an intent to file a 
motion. 
Therefore, as the appeal was not properly filed, it will be rejected. 8 C.F.R. § 103.3(a)(2)(v)(A)(l). 
In the alternative, the appeal will be rejected as untimely filed. 
The regulation at 8 C.F.R. § I 03.2(a)(I) provides: 
General. Every application, petition, appeal, motion, request, or other document 
submitted on the form prescribed by this chapter ... must be filed with the location 
and executed in accordance with the instructions on the form, such instructions 
being hereby incorporated into the particular section of the regulations .... 
As it pertains to the proper filing of an appeal, the regulation at 8 C.F.R. § I 03.3(a)(2)(i) provides: 
Filing Appeal. The affected party shall file an appeal on Form 1-290B. Except as 
otherwise provided in this chapter, the affected party must pay the fee required by 
§103.7 of this part. The affected party shall file the complete appeal including 
any supporting brief with the office where the unfavorable decision was made 
within 30 days after service of the decision. 
If the decision was mailed, the appeal must be filed within 33 days. See 8 C.F.R. § 103.5a(b). The 
date of filing is not the date of mailing, but the date of actual receipt with the required fee. See 8 
C.F.R. § 103.2(a)(7)(i). 
Page 3 
The record indicates that the AAO issued the decision on May 21, 2010 and properly gave notice to 
the petitioner that the file would be returned to the office that made the original determination in the 
case and that any subsequent request or filing should be made with that office, specifically the 
Nebraska Service Center. 
Despite the clear instructions in the director's notice and on the Form 1-290B that the form should 
"not be submitted directly to the AAO," the petitioner sent the appeal to the AAO. The AAO 
returned the form to the petitioner. The director received the properly filed appeal on July 6, 2010. 
Accordingly, the appeal was untimely filed. 
Neither the Act nor the pertinent regulations grant the AAO authority to extend the 33-day time limit 
for filing an appeal. The regulation at 8 C.F.R. § 103.3(a)(2)(v)(B)(2) states that, if an untimely 
appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal must be 
treated as a motion, and a decision must be made on the merits of the case. 
A motion to reopen must state the new facts to be proved in the reopened proceeding and, when 
filed, be supported by affidavits or other documentary evidence. 8 C.F.R. § 103.S(a)(2). A motion 
to reconsider must state the reasons for reconsideration and be supported by any pertinent precedent 
decisions to establish that the decision was based on an incorrect application of law or Service 
policy. A motion to reconsider a decision on an application or petition must, when filed, also 
establish that the decision was incorrect based on the evidence of record at the time of the initial 
decision. 8 C.F.R. § 103.S(a)(3). A motion that does not meet applicable requirements when filed 
shall be dismissed. 8 C.F.R. § 103.S(a)(4). 
Here, the untimely appeal did not meet the requirements of a motion to reopen or a motion to 
reconsider when it was filed. Therefore, there is no requirement to treat the appeal as a motion under 
8 C.F.R. § 103.3(a)(2)(v)(B)(2). 
ORDER: The appeal is rejected.